Friday, February 28, 2025, 8:22AM |  38°
MENU
Advertisement
A painting by Addison K. of North Hills High School and other artwork with positive messages from school students from across the region and the country fill a banner along a fence at the Tree of Life Synagogue in Squirrel Hill Tuesday, August 1, 2023. Art work includes pieces from students from Marjorie Stoneman Douglas High School in Parkland, Florida, the site of another mass shooting. The project was part of the Tree of Life #HeartsTogether campaign, tolols.org/heartstogether.
6
MORE

Jurors in the Pittsburgh synagogue shooting trial will continue deliberations on Wednesday

Sebastian Foltz/Post-Gazette

Jurors in the Pittsburgh synagogue shooting trial will continue deliberations on Wednesday

The jury spent about 7 hours deliberating Tuesday. They will decide if Robert Bowers is given the death penalty or life in prison

The jury deliberating a sentence of life in prison or the death penalty for Pittsburgh synagogue shooter Robert Bowers left for the day on Tuesday without reaching a verdict.

Jurors began their decision-making process about 9:30 a.m. Tuesday. They came back with two questions over the course of the day and left around 4:30 p.m.

In order for the shooter to receive the death penalty, jurors must be unanimous. A split jury means Bowers will spend life in prison.

Advertisement

U.S. District Judge Robert J. Colville denied two separate motions by the defense for a mistrial on Tuesday morning.

Debi Salvin, right, who is the twin sister of Richard Gottfried, one of the 11 victims of the Pittsburgh Synagogue shooting, rests her head on her husband, Don Salvin’s, shoulder during a press conference following a verdict in the shooting’s trial. Earlier that day, Wednesday, Aug. 2, 2023, the jury voted to sentence Pittsburgh synagogue shooter Robert Bowers to death for his crimes.
Megan Guza
Pittsburgh synagogue shooter gets death penalty, more than 4½ years after he killed 11 in Squirrel Hill

The first came in a late Monday filing that accused prosecutors of misstating and misrepresenting the law, facts and evidence in their closing arguments.

The defense cited at least 19 statements in U.S. Attorney Eric Olshan’s closing argument they say were improper and at least 35 in Assistant U.S. Attorney Troy Rivetti’s rebuttal.

They argued that Mr. Rivetti’s rebuttal to defense closings amounted to “a brand new argument” that went far outside the scope of defense attorney Judy Clarke’s argument.

Advertisement

Judge Colville denied the motion for a mistrial and declined to give specific curative instructions to the jury. He instead reminded them that closing arguments are not evidence.

The Oct. 27, 2018 shooting remains the worst antisemitic attack in U.S. history.

Three congregations worshipped at the synagogue, a monolith at the corner of Shady and Wilkins avenues: Tree of Life, Dor Hadash, and New Light. Eleven people were killed: Joyce Fienberg, Richard Gottfried, Rose Mallinger, Jerry Rabinowitz, Cecil and David Rosenthal, Bernice and Sylvan Simon, Daniel Stein, Melvin Wax, and Irving Younger.

Around 9:35 a.m., jurors sent a question to Judge Colville — they wanted to be able to see the weapons taken from the synagogue — Bowers’ AR-15, three Colt handguns, and two law enforcement rifles.

The Tree of Life synagogue on Tuesday, May 30, 2023, in Squirrel Hill.
Megan Guza
Jurors begin deliberating whether Pittsburgh synagogue shooter gets life in prison or the death penalty

The judge and attorneys on both sides agreed to display the firearms on a table in the courtroom. Jurors were permitted to look at them while attorneys sat in the gallery, away from the jurors.

Several minutes into the jury’s inspection of the weapons, federal public defender Elisa Long objected to the fact that a U.S. Marshal was conversing and answering questions posed by the jury. Judge Colville told jurors to refrain from talking to the marshals.

At the request of attorneys, Judge Colville swore in the marshal after jurors returned to the deliberation room. Attorneys requested he reiterate what he’d been asked and what he had answered.

The marshal, Joseph Klaus, said one juror asked where Bowers carried the handguns, and he hadn’t known the answer to that. Another asked how to load a shotgun, and the marshal answered. A third question related to whether the magazine in the box with the AR-15 went with that weapon.

Ms. Long again asked for a mistrial. Judge Colville denied that request but brought jurors back into the courtroom to tell them to disregard anything said to them by the marshals.

The series of events is evidence of just how unpredictable a criminal trial can be, said University of Pittsburgh law professor David Harris.

“One thing that the events of today help you understand is that a trial is not a static piece of paper or case that you read, it’s an ongoing, real time event unfolding, and sometimes in ways that are not predictable,” he said. “If you can have a mistrial motion out of an unexpected exchange of words with a marshal, you just don't know what can happen.”

He said while a misstep, he doesn’t believe it’s one to justify a mistrial, agreeing that the judge made the right call.

With the stakes as high as they are, the defense team is going to be sensitive to any type of extraneous comment made to jurors, said Bruce Antkowiak, a former federal prosecutor and defense attorney now teaching at St. Vincent College.

Jurors had a second question about 12:20 p.m. This one was in reference to two defense exhibits and whether they’d been entered into evidence. The exhibits were a social history developed for Bowers when he was admitted to Southwood Psychiatric Hospital and his discharge papers from the facility.

Jurors convicted Bowers of all 63 federal charges against him on June 16, and they deemed him eligible to be considered for the death penalty on July 13. In this final sentence-selection phase, jurors have heard what amount to final pitches from both sides as to why Bowers deserves death or, from the defense perspective, why he does not.

Prosecutors presented a series of aggravating factors — circumstances that raise the level of heinousness of the crime and make it deserving of the ultimate punishment. Jurors already deliberated on four of those factors in the eligibility phase: that Bowers killed multiple people; that he endangered others; that the victims were particularly vulnerable and that he planned and premeditated his crimes.

They’ve presented the jury with five more they say were proven over the past two weeks. They relate to the impact on the victims and injured survivors, the antisemitic nature of the crime, Bowers’ selection of his target, and his lack of remorse.

Defense attorneys for Bowers have presented their own evidence that they say mitigates some of the heinousness prosecutors sought to prove. They listed more than 100 mitigating factors, most of which revolve around Bowers’ mental illness, brain abnormalities and his genetic predisposition for such based on family history, as well as his traumatic childhood.

As jury deliberations pick up Wednesday morning, Mr. Antkowiak believes the jury will be meticulous because they know what’s at stake.

“These people are citizens from every walk of life, and up until this point in their lives, have never been empowered to make a decision like this,” he said. “They understand the importance of that decision. They're going to be very careful about it.”

First Published: August 1, 2023, 3:00 p.m.
Updated: August 2, 2023, 10:35 a.m.

RELATED
The Federal Courthouse on Grant Street.
Megan Guza
As testimony nears end, synagogue shooter's aunt and uncle describe a nephew they love
In a courtroom sketch from June, defense attorney Michael Burt, right, asks defense witness Richard Rogers, center, to explain his credentials to the jury.
Megan Guza
Red dye, salt packets, delusions: Experts differ over synagogue shooter's mental state
SHOW COMMENTS (9)  
Join the Conversation
Commenting policy | How to Report Abuse
If you would like your comment to be considered for a published letter to the editor, please send it to letters@post-gazette.com. Letters must be under 250 words and may be edited for length and clarity.
Partners
Advertisement
Pittsburgh Penguins goaltender Alex Nedeljkovic takes a timeout during the first period of an NHL hockey game against the Washington Capitals in Pittsburgh, Saturday, Feb. 22, 2025.
1
sports
Penguins rally after Alex Nedeljkovic’s outburst, beat the Flyers in overtime
Pittsburgh Steelers owner Art Rooney II, left, and general manager Omar Khan stand on the field before an NFL football game between the Pittsburgh Steelers and the New York Giants, Monday, Oct. 28, 2024, in Pittsburgh.
2
sports
2025 NFL salary cap will rise to $279 million. Here's what that means for the Steelers
Pittsburgh Steelers coach Arthur Smith walks off the field after losing to the Baltimore Ravens at M&T Bank Stadium on Saturday, Jan. 11, 2025, in Baltimore, Maryland. The Baltimore Ravens won 28-14.
3
sports
Joe Starkey: Was Steelers GM Omar Khan kidding with his Arthur Smith comments?
An example of a Real ID-compliant non-commercial driver's license in Pennsylvania.
4
news
The Real ID deadline is approaching. Here's what Pennsylvanians should know.
Pittsburgh Pirates pitcher Bubba Chandler delivers in the third inning of a spring training baseball game against the Minnesota Twins in Fort Myers, Fla., Thursday, Feb. 27, 2025.
5
sports
3 takeaways from Pirates’ lopsided spring training victory over Twins
A painting by Addison K. of North Hills High School and other artwork with positive messages from school students from across the region and the country fill a banner along a fence at the Tree of Life Synagogue in Squirrel Hill Tuesday, August 1, 2023. Art work includes pieces from students from Marjorie Stoneman Douglas High School in Parkland, Florida, the site of another mass shooting. The project was part of the Tree of Life #HeartsTogether campaign, tolols.org/heartstogether.  (Sebastian Foltz/Post-Gazette)
A plastic Star of David hangs from a temporary barricade outside of Tree of Life Synagogue Tuesday, August 1, 2023.  (Sebastian Foltz/Post-Gazette)
A bus with families affected by the Tree of Life shooting arrives at Joseph F. Weis. Jr U.S. Courthouse on Tuesday, Aug. 1, 2023, in Downtown. The jury has started deliberating on whether or not to sentence the gunman to the death penalty or life in prison.  (Benjamin B. Braun/Post-Gazette)
Assistant U.S. Attorney Troy Rivetti, right, observes as Patricia Fine, center, aunt of defendant Roberts Bowers and the last witness in the sentencing phase of the synagogue shooting trial, answers questions posed by defense attorney Judy Clarke.  (James Hilston/Post-Gazette)
Andrea Wedner and her husband Ron walk towards Joseph F. Weis. Jr. U.S. Courthouse on Tuesday, Aug. 1, 2023, in Downtown. The jury has started deliberating on whether or not to sentence the gunman to the death penalty or life in prison. Andreas’ mother Rose Mallinger was killed while the two attended services together and Andrea was wounded.  (Benjamin B. Braun/Post-Gazette)
Michael J. Novara, First Assistant Federal Public Defender with Federal Public Defender’s Office, arrives Joseph F. Weis. Jr. U.S. Courthouse on Tuesday, Aug. 1, 2023, in Downtown. As of Tuesday, the jury started deliberating on whether or not to sentence the gunman with the death penalty or life in prison.  (Benjamin B. Braun/Post-Gazette)
Sebastian Foltz/Post-Gazette
Advertisement
LATEST news
Advertisement
TOP
Email a Story